Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-85 Ignorance and mistake.
(a) A person is not relieved of criminal liability for conduct
because he engages in such
conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the
mental state required by the offense.
(b) A person is not relieved of criminal liability for conduct
because he believes his conduct
does not constitute an offense unless his belief is reasonable and
(1) The offense is defined by an administrative
regulation or order which is not known to
him and has not been published or otherwise made reasonably available to him, and he could not
have acquired such knowledge by the exercise of due diligence pursuant to facts known to him;
(2) He acts in a reasonable reliance
upon an official statement of the law, afterward
determined to be invalid or erroneous, contained in:
a. A statute
b. An opinion
or order of an appellate court;
c. An official
interpretation of the statute, regulation or order defining the offense made by
a public official or agency legally authorized to interpret such statute, regulation or order.
(c) The burden of injecting the issue of reasonable belief
that conduct does not constitute an
offense under subparagraphs (b)(l) and (2) of this section is on the defendant.
(Code 1964, § 7.565)
State law reference(s)--Similar provisions, RSMo. § 562.031.